Resolution 436-1992
RESOLUTION NO. 436 -
-1992
F\lEO f 0" ~Ee"
.92 SEP 24 ~, ,
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE ~YOR
TO EXECUTE ON BEHALF OF MONROE COUNTY A JOINT
PARTICIPATION AGREEMENT BETWEEN THE COUNTY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING THE
CONSTRUCTION OF T-HANGARS AT KEY WEST INTERNATIONAL
AIRPORT AND/OR MARATHON AIRPORTS.
\'\
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor of Monroe County is
hereby authorized and directed to execut,e on behalf of Monroe
County a joint participation agreement with the Florida
Department of Transportation, a copy of same being attached
hereto and made a part hereof, regarding the Construction of
T-Hangars at Key West International Airport and/or Marathon
Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the /I-I-,{ day of ~cr~t..r-
, A.D. 1992.
Mayor Wilhelmina Harvey Yes
Mayor Pro Tern, Jack London Yp-~
Commissioner Douglas Jones Yes
Commissioner Earl Cheal Yes
Commissioner John Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY'\U"~~::~C~~ --~
(Seal)
Attest: DANNY 1... KOLHAGE, Clerk
~,~~.JP/
CLERK '
r
r
February 1992
===============================================================================
Fund: 0 1 0
Function: 637
Federal No:
Contract No: A 9308
SAJ..1AS Approp: 0 8 8 8 0 0
SAt\1AS Obj.: 7 3 (} (} 5 0
Org. Code: 5 5 0 6 2 (} 2 (} 6 2 8
Vendor No... VF'59 6000 749 001
WPI No: 6 8 2 6 7 06
Job No: 90099 - 3 809
==============================================================================
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPo.RTATION JOINT PARTICIPA110N AGREEMENT
Tms AGREEMENT, made and entered into this
day of
19~
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of
Florida, hereinafter called the Department, and the County of Monroe
hereinafter called the AgenC':J.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under F . S . 3 3 2 . 006 ( 6 ) to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the
parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to Construct T-Hangars and/or Covered Aircraft Parking
at Key West International and/or Marathon Airport.
and as further described in Exhibit(s)~ B, & C & D attached hereto and by this
reference made a part hereof, hereinafter called the project, and to provide Departmental financial assistance to the
Agency and state the terms and conditions upon which such assistance will be prodded and the understandings as
. to the mann::r in which the project will be undertaken and completed.
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February 1992
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in
Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accardance with the
provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval,
permit, noNce, or other proceeding or authorization is requisite under applicable law to enable the AgenC'j to enter
into this Agreement or to undertake the project hereunder, ar to observe, assume or carry out any of the provisions
of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect-
to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to compleNon all proceedings
necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of
the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department
may require as listed in Exhibit "C".
3.00 Project Cost: The total estimated cost of the project is $ 2 0 0 . 0 0 0 . - . This
amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The
Agency agrees to bear all e>,"penses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including
contingencies, in the project in the amount of $ 1 0 0 , 0 0 0 . - as detailed in Exhibit "B ",
or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the
date of this Agreement. It is understood that State participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that
the project is scheduled to be committed;
b) The understanding that disbursement of funds will be made in accordance with the balanced thirty-
six (36) month cash forecast;
c) Availability of funds as stated in paragraph 17.00 of this Agreement;
d) Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; .
e) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation
authority becomes available.
4.20 Front End Funding: Front end funding N~ (is not) applicable. If applicable, the Department may
initially pay 100'70 of the total allcru;able incurred project costs up to an amount equal to its total share of
participation as shown in paragraph 4.00.
5.00 Retainage: Retainage (~) (is not) app!icablc. if applicable, N / A percent of the
Department's total share of participation as shown in p:lragraph 4.00 is to be held in retainage to be disbursed, at
the Department's discretion, on or before the con:-plet0n of the final project audit.
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February 1992
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: Prior to the execution of this Agreement, a project budget, shall be prepared
by the Agency and approved by the Department, The Agency shall maintain said budget, carry out the project and
shall incur obligations against and make disbursements of project f..mds only in confannity with the latest apprCTJed
budget for the project. The budget may be revised periodically, and if revised, a copy of the rev7:sion should be
forwarded to the Comptroller. No budget increase or decrease shall be effective unless it complies with ftmd
participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department
Comptroller.
6.20 Schedule of Disbursements: The Agency shall provide the Department with a time-phased schedule
of the Department funds to be expended on the project. This schedule shall show estimated disbursements for the
entire term of the project by quarter of fiscal ye.rzr. The schedule may be divided by project phase where such division
is determined to be appropriate by the Department. Any significant deviation from the approved schedule in Exhibit
"B" requires submission of a supplemental schedule by the Agency.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the
profect, in conformity with unifann requirements that may be established by Department program
guidelines/procedures and Generally Accepted Governmental Accounting Standards (GAGAS) to facilitate the
administration of the financing program, separate accounts to be maintained within its existing accounting system
or establish independe::t accounts. Such accounts are referred.to herein collectively as the "profect account". The
project account shall be made available upon request by the Department any time during the period of the Agreement
and for f.'ve years after final payment is made.
7.20 Funds Received Or Made A.vailable for The Project: The Agency shall appropriately record in
the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance
Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds
provided for, accruing to, or otherwise receired on account of the project, which Department payments and other
funds are herein collectively referred to as "project funds ". The Agency shall require depositories of project funds
to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under
State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting
aside of collateral of the types and in the mm,ller as prescribed by State Law for the security of public funds, or as
apprcrued by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs
of the project. Costs in excess of the latest apprcrJed budget or attributable to actions which have not received the
required approval of the Department sr..all not be considered eligible costs.
7.40 Documentation of Project Costs: Ail costs charged to the project, including any apprcrJed sm:ices
contribted by the Agency or others, shall be sU-YjJorted by properly executed payrolls, time records, invoices,
contracts, or vouchers e-uidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item
which is or u;iIl be chargenble against the profect account will be drawn only in accordance with a properly signed
voucher then 011 file in the office of the Ager.cy stating in proper detail the purpose for which such check or order
is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in
whole or ill part to the project shall be clemly identified, rr.adily accessible, and, to the extent feasible, kept separate
-- and apart from all other such dowments.
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February 1992
7.60 Audit Reports: The Agency shull provi.de to the Department for each of its fiscal years for which
the project account remains open, an audit report prepared either by its official auditor or audit agency or an
independent certified public accountant, reflecting the use of the funds of the Department, the Agency, and those
from any other source with respect to the projec~. Audits shall be performed in accordance with generally accepted
government auditing standards contained in the Standarps for Audit of Governmental Orrzanizations, Pro rzrams ,
Activities and Functions, issued by. the U, S. General Accounting Office and OMB Circulares A-128 or A-133
where applicable. The Agency shall require its auditors to include in their report a schedule of project assistance
as described in Exhibit "A ", Special Considerations. .
7.70 Insurance: The Agency shall carry property and casualty insurance on project equipment and
facilities and provide evidence of said insurance for the project amount stated in paragraph 4.00 of this Agreement.
If this Agreement is for purchase of land, the Department may waive or modify this section with an Exhibit "C".
, 8.00 Requisitions and Payments:
8.01 Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof
8.02 Bills for any travel expenses shall be submitted in accordc.r.ce with Chapter 112.061 F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061 Florida Statutes.
8.03 If, after project completion, any claim is made by the DqJartment resulting from an audit
or for work or services performed pursiwnt to this agreement, the Department may offset such amount from
payments due for work or services done under any public transportation joint particiation agreement which it has
with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days
to the Department.
8.04 Offsetting any amount pursuant to section 8.03 shall not be considered a breach of
contract by the Department.
8.10 Preliminary Action by the Agency: In order to obtain any Department funds, the AgenC'j shall:
8.11 "With respect to property acquired, file with the Department of Transportation,
District Six , 602 S. Hiami Ave., Miami Florida, 33130
its requisition on a form or forms prescribed by the Department.. and such other data pertaining to the project
account (as defined m paragraph 7.10 he:ecf) and the project as the Departrneni may require, to justify and support
the payment requisitions, including:
(1) the date the Agency acquired the property,
(2) a staiement try the Agency certifying that the AgenClJ has acquired said property andl
(3) if the requisition weers the acquisition of real property;
A. a statement by the AgenC"y cert~fying that the Agency has acquired said
rea! prope:rty, and actual consideration paid for real property.
B. a siatemen i by the Agency ce:riifying that the appraisal and acquisition of the
real property together with any attendant relocation of occupants was
accomplished in complulrlce with all federal laws, rules and procedures required
by any federal oversight agency and with all side laws, rules and procedures
that may applYutothe Agency acquiring the red property.
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February 1992
8.12 Comply with all applicable provisions of this Agreement.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the
project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice in writing not to make a payment on the project account if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature
in its application, or any supplement thereto or amendment thereof, or in or withJespect to any document
of data furnished therewith or pursuant hereto;
'.
8.22 Litigati01t: There is then pending litigation with respect to the perfonnance by the
Agency of any of its .duties or obligations which may jeopardize or adversely affect the project, the
Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the
project which, under this agreement, requires the approval of the Department or has made related
expenditure or incurred related obligations without having been advised by the Department that same are
approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest previsions
contained herein; or
8.25 Default: The Agency has been determined by the Department to be in default under
any of the provisions of the Agreement.
8.26 Federal Participation (If Applicable): The Department may suspend or terminate
the financial assistance of this grant if any federal agency providing federal financic.l assistance for the project
determines that the purposes of the statute under which the project is authorized would not be adequately served
by continuation of federal financial assistance to the project.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude
all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided
for in the latest approved budget for the project, and costs attributable to goods or services received under a contract
or other arrangements which have not been approved in writing by the Department.
9.00 Termination or Suspension of Project:
9.10 Tf?rmination or Suspension Generally: If the Agency abandons or, before completion, finally
discontin:ies the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26
inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency
is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the AgenC'j,
suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in
such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under
this Agreement.
9.11 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of c.ny final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which. may include any or all of the following: (1) necessary action to terminate
-or suspend, as the case may be, project activities and contracts and such other action as may be required
5
February 1992
or desirable to keep to the minimum the costs upon the basis of which the financing is to be compz.:.ted; (2)
furnish a statement of the project adivities and contracts, and other undertakings lhe cost of which are
otherwise includable as project costs; and (3) remit to the Department such portion of the financing t4nd
any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformiry with the
latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within
a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial
participation in the project shall not constitute a waiver of any claim which the Department may otherwise
have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal r"j the
contractor or Agency to allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119 Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project,
and after payment, provision for payment, or reimbursement of all project costs payable from the project account
is made, the Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to pennit,. the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books,
records and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the
Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department
joint participation funds, including cor.sultant or construction contracts oramendr:,ents thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such apprcrual
shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve
or disapprove the employment of the same.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by
the parties hereto that participation by the Department in a project with an Agency, where said project involves a
consultant contract far engineering, architecture or sUTVflt1ng services, is contingent on the AgenC'j comp!!11ng in
full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At Ihe
discretion of the Department, the AgenC'j will involve the Department in the Consultant Selection Process for all
projects. In all cases, the Agenc-y's Attorn!?'j shall certify to the Department that selection has been accomplished
in compliance with the Consultant's Competitive Negotiation Act.
12.30 lvIinority Business Enterprise CHBE) Policy and Obligation:
12.31 MBE Po licy: It is the policy of the Department that minority business enterprises as
defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the
pcrfomwllce of contracts financed in whole or in part with Department funds under this Agreement. The
MBE requirements of 49 CFR Part 23, r.s amended, apply to Ihis Agreement.
12.32 MBE Obligation: The Agencj and ils contractors agree to ensure that Minorit--j Business
Enterprises as defined in 49. C.F.R. Part 23, as amended, have Ihe maximum opporlunity to participate in
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February 1992
the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take
all necessanJ and reasonable steps in accordance with 49 C.F.R. Part 23, as amended, to ensure that the
Minority Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national on'gin
or sex in the award and perfonnance of Department assisted contracts.
12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban Mass Transportation
Administration or Federal Highway Administration Funding is a part of this project, the Agency must
comply with Subpart (E) of CFR 49, Part 23, as amended.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency
shall not discriminate against any employee or applicant for employment because of race, age,creed, color, sex or
national origin. The Agency will take affirmative action to ensure that applicants are employed, and that emplcryees
are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action
shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular
contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a
similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw mater.als. VY'hen
the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agerzcy
shall post, in conspicuous places available to mzpioyees and applicants for employment for project work, notices to
be provided try the Department setting forth the provisions of the nondiscrimination clause.
-:
13.20 Title ill - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed
by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of
Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
13.30 Prohibited Interests: Neither the Agency ner any of its contractors or their subcontractors shall
enter info any contract, subcontract, or arrangement in connection with the project or any property included or
planned to be included in the project, in which any member, officer, or employee of the Agency or the locality during
his tenure or for two years thereafter has any intaest, direct or indirect. If any such present or former member,
officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest,
and if SliCh iI,teres. is immediately disclosed to the AgenC'y, the Agency with prior approval of the Department, may
waive the pro};ibition contained in this subsection: FrcrJided, that any such present member, officer or employee shall
not participate in any actio'! by the Agency or the iomlity relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any properrj included or
pl:mned to be included in any project, and sh:;!l require its contractors to insert in each of their subcontracts, the
following provision:
"No member, officer, or m7plcyee of the Agency or of the locality during his tenure or for !-UJO years
thereafter shall have any interest, direct cr indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be aFplicable to any agreement between the Agency and its f.scal
depositories, or to any agrement for utility scruici:s fhe rates for which are fixed or controlled by a Governmental
agency.
7
February 1992
13.40 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of
the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Ppllution: All Proposals, Plans, and Specifications far the acquisition,
construction, reconstruction, improvement of facilities or equipment, shall be presented to the Department for review.
In rendering such review, the Department shall determine whether such facility or equipment is designed and
equipped to prevent and control environmental pollution.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable
hereunder to any party other than the Agency.
14.30 Vv'hen Rights and Remedies Not Waived: In no event shall the making by the Department of
any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or
any default which may then exist, on the part of the Agency, and the making of such payment by the Department
while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the
Department with respect to such breach or default.
14.40 How Agreement Is Affeded by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder
would then continue to confonn to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid
and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application
for the financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perfonn any other act or do any other thing in contravention of any
applicable State lac!): Provided, that if any of the provisions of the Agreement violate any applicable State law, the
Agency will at once notify the Department in 'writing in order that appropriate changes and modifications may be
made lnJ the Department and the Agency to the end tr.at the Agency may proceed as soon as possible with the
project. '
14.70 Use alld Maintenance of Project Facilities and Equipment: The Agency agrees that the project
j.-zcilities and equipment will be used lry the Agency to pro-uide or support public transportation for the period of the
useful life of such facilities and equipment as detennined in accordance with general accounting principles and
approved by the Department. The Agency further agrees to rr.aintain the project facilities and equipment in gcod
working order for the useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical
inventories and develop control S1Jstems as required by 49CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or
equipment dun"ng its IIseful life for any purpose except its replacement with like facility or equipment for public
transportation use, the Agency will comply with the terms of 49CFR Part 18 relating to prO'?erty management
standards. The Ag::ncy agrees to remit to the Department a proportional amount of the proceeds from the dis7-'Osal
of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of tlie
Department financing of the facility or equipment as provided in this Agreement.
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February 1992
14.90 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save,
and hold harmless the Department and all its off:Cers, agents or employees from all suits, actions, claims, demands,
liability of any nature whatsoever arising out of, because of, or d~e to breach of the Agreement by the Agency or
its subcontractors, agents or employees or due to. any negligent act, or occurrence of omission or commission of the
Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this
section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Department or any of its officers, agents or employees. The parties agree that this clause shall not
waive the benefits or provisions of Chapter 768.28 Florida Statutes or any similar provision of law.
15,00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital
equipment or the constructing and equipping of fadlities, the Agency shall submit to the Department for approval
all appropriate plans and specifications covering the project. The Department will review all plans and spedfications
and will issue to the AgenCtJ written approval with any approved portions of the project and comments or
recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments
and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval
with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment -
by the Department as provided in paragraph 8.23. .
16.00 Agency Certification: The Agency will certify in writing prior to project closeout that the project
was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate
title is in the Agency and that the project is accepted Crj the Agency as suitable for the intended purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature.
17.20 Multi-Year Commitment; In the event this Agreement is in excess of $25,.000 and has a term for
a period of more than one year, the provisions of Chapter 339.135(7)(a;, Florida Statutes, are hereby incorporated;
"(a) The Department, during any f.scal year, shall not e)..-pend mOnflj, incur any liability, or enter
into any contract which, by its terms involves the expenditure of money ill excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection shall be null and void, and no money shall be paid thereon.
The Department shill! require a statement from the comptroller of the Department that funds are
avadable prior to entering into any such contract or other binding commitm'nt of funds. Nothing
herein shall pre-uent the making 0/ contracts for a period exceeding one year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be paid for
in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an {imount in excess of twenty-fiue thousand dollars and having a term
for a period of more than one year."
18.00 El.]Jira.tion of Agreement: The Agency agrees to complete the project on or before
.J u n e 30, 1 9 9 6 . If the Agency does not complete the project within this
time period, this Agreement will e:xpire unless ail extension of the time period is requested by the Agency and
granted in writing by the District Secretary, District S j x . Expiration of this Agreement will be considered
terminatioil of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
9
February 199;
19.00 Agreement Fonnat: All words used herein in the singular form shall extend to and include the
plural. All words used in the plural form shall extend to and include the singular. All words used in any gender
shall extend to and include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrumimt.
21,00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by
or on behalf of the Agency, to any person for infIuencing or attempting to influence any officer or emphryee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated f,mds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
The AgerlC'j shall require that the language of this section be included in the award documents for all subawards
at all tiers (including subcon tracts, subgrants, ad contracts under grants, loans and cooperative agreemen ts) and
that all subrecipients shall certify and disclose accordingly.
21.20 Sta te: . No funds recdved pursuant to this contract may be e:rpended for lobbying the Legislature
or a state agency.
22.00 Vendors Rights: Vendors (in this document identified as AgenC'j) providing goods and services
to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working
days to inspect and approve the goods and services unless the bid specifications, purchase order or contract spe::ifies
otherwise. The Department hrJs 20 days to delirm a request for payment (voucher) to the Department of Banking
and Finance. The 20 days are measured from the latkr of the date the invoice is received or the goods or services
are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods
and services, a separate interest penaZry of 0.03333 percent per day will be due and payable, in addition to the
invoice amount to tho: Agency. The interest per:alt-::f' provision applies after a 35 day time period to he.rJl:h care
providers, as defined [;oj rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an AgenC'j because of AgcnC'j preparation errors wil! result
in a delay in the payment. The invoice payment requirements do not start until a properly compieted invoice is
provided to the Department.
A Vendor Ombudsman has been est.rJblishd within the De'?artment of Banking and Finance. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining t'imely
payment(s) from the Deparhnent. The Vedor Ombudsman may be contacted at (904)488-2924 or by calling the
State Comptroller's Hotline, 1-800-848-3792.
10
February 1992
WPI NO. 6826706
JOB .NO. 90099-3809
, .
Agreement Date
.-
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY
DATE FUNDING APPROVED BY COMPIROLLER
(SEE ATTACHED ENCUi\1BRANCE FORM)
BY:
, J U L 2 9 1992
TTTLE:
ATTEST:
(SEAL)
- -f
.AJ,fP"ROVED AS TO FORhI, LEGALIIY
/~,
~ ;
)
TTTLE:
ATTORNEY
DEP ARTMEt.lT OF TRAN P
DISIRICT SECRETARY
OR
DIRECTOR OF PLANt-lING AND PROGRUJS
ATTEST:
(SEAL)
EXECLITIVE SECRETARY
OR NOTARY
11
~'tb~ 0 AS TO FORM
... .~ I .r _ L S FICIENCY.
Cy _~_.
F-.i:on ~tiy's O/fiee
[,::::0
==================================================================
ENCUMBRANCE INPUT FORM
-------------------------------------------------------------------
------------------------------------------------------------------
RUSH (Needed by / j (date))
Reason for RUS~ : --- --- ---
Advertise lLetting Date) Award kenewal
---Letter of Authorizatlon XXX-New --- Court oroer Overrun
==-Supplemental _Correction ___ Adctttion ___ Termil'lcftion Agmt.
Contract # A9~08 contract Type 31u Method ot ~rocurement G
Vendor Name: Monroe-County Vendor ID VF 596-000-749=OUT
Has Writt~n/Verbal Approval trom a ~articipating Federal Agency
been recelved Yes X No FedFunds-~ 0 State Funds-
$100,000 Loc~unds-$TU07000 --
Beginning-date of this Agmt: 12]30j92(Must be after fund approval)
Ending date of this Agmt: 061.30/96 (Estimate if necessary)
Execution date of this Agmt: ! I (Only on original agreements)
H~s wo~k been ~uthorized to b~in7 -- -Yes X-No Have standard
flnanclal provlslons been altered by-Gontract terms? Yes X No
If so, show Revision date: NJA Does ttrrs agre~ment
and/or change order include provisions for reimbursement to D.O.T.
from other entities? Yes X No If so, has the JPA been
approved by the COMPTROLLER? - Yes X No
*~~*******~*****************~******~***************************
Description: CONSTRUCT T-HANGARS AND/OR COVERED AIRCRAFT PARKING
~;*~~;*~~~r*~~r~~*~~~~~*~;~~~*~;~~~~r**~~r~*~;~~*~~~*********
ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT
(PROGRAM#) (WPI # ) (FUNb) numeric
( FY's ) To be comple~ed if funded in 2 or more fiscal years.
--------------------------------------------------~---------------
-----------------------------------------------------------------
55062020628 *11 * 730050 * $100,000 * 90099-3809-50 * 637
(2093 ) (b~26706 ) ( 010)
(92-93 )
*
* * * *
) ( ( )
TOTAL AMOUNT *$100,000 *
----------------------------------------------------------------
Originator: Len Bivins Date: 07/29/92 Phone: SC452-5912
E-mail user-ID PT6G~L~
**************~~~~~*******~~~~~~**********************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5580 CATEGORY 088800-93
WORK ORDER BALKNCE ~uthorized on 07/22~2=100 OOO.uu .
ALLOTMENT Ab=1,160,UOO.00 YEAR 93 DATE CHECKED uIIG~/92
FUNDS APPROVED BY _Marsha~nson - - DATE __07/2gj92 --
WPI NO. 6826706
JOB NO. 90099-3809
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This forms and integral part of that certain Joint
Participation Agreement between the state of Florida, Department
of Transportation, and the County of Monroe dated
PROJECT LOCATION:
Key West International and/or Marathon
Airport - Monroe County
PROJECT DESCRIPTION:
Construct T-Hangars and/or Covered Aircraft Parking
SPECIAL CONSIDERATIONS BY AGENCY:
A) The audit report(s) required in Paragraph 7.60 of the
Agreement shall include a schedule of project assistance that
will reflect the Department's contract nurrber, WPI number, and
JOB number and the Federal Identification number, where
applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action
from any other source with respect to the project.
B) See Exhibit "DII.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
NONE
EXHIBIT "B"
PROJECT COST AND CASHFLOW:
WPI NO.: 6826706
JOB NO.: 90099-3809
This exhibit forms an integral part of that certain Supplemental Joint
Participation Agreement between the STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, and the COUNTY OF MONROE dated
I. PROJECT COST:
6836706
TOTAL PROJECT COST:
$
200,000.00
$
200,000.00
II. FUNQ PARTICIPATION:
Federal Participation: (FAA)
( O. 0% ) $
(50.0%) $
(50.0%) $
$
Public Agency Participation: (LF)
Department Participation: (DPTO)
TOTAL PROJECT COST:
0.00
100,000.00
100,000.00
200,000.00
III. ESTI~~TED CASHFLOW OF STATE FUNDS ($ X 1000)
Fiscal Year 1st Qtr. 2nd otr. 3rd otr. 4th Qtr.
92/93 0 0 0 25
93/94 25 45 5 0
94/95 0 0 0 0
WPI NO.: 6826706
JOB NO.: 90099-3809
EXHIBIT "c"
REQUIRED SUBMITTALS/CERTIFICATIONS AND
BASIS FOR THEIR ACCEPTANCE BY THE DEPARTMENT
This exhibit forms an integral part of that certain Joint
Participation Agreement between the State of Florida,
Department of Transportation, and the County of Monroe
dated
Documents required to be submitted to the Department by the
Agency in accordance with the terms of this contract.
SUBMITTAL/CERTIFICATION
RESPONSIBILlr.y
Consultant Selection Compliance
Agency Attorney certified
Design Submittal
Department Letter
Construction/Procurement
Department Letter
MBE Compliance
Agency certified
Safety Compliance
Agency certified
Audit Reports
As Requested
WPI NO 6826706
JOB NO 90099-3809
EXHIBIT "D"
SPECIAL AVIATION ECONOMIC DEVELOPMENT PROGRAM CONDmONS
This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and the County of Monroe
dated
1. The project must be revenue producing at fair market value ofland and improvements.
2. The net proceeds from the project must be used for airport related projects. These funds may be used
for airport maintenance, airport operations, or nultching funds for capital projects on the airport.
3. If project proceeds are used for non-airport purposes, the full amount of the State grant will
immediately become due and iXlyable to the Florida Department of Transportation. This proviso applies
during the full useful life of the project which is decmed to be 20 years.
4. The project must comply with all applicable building codes and other statutory requirements.
5. The use of owner furnished equipment and supplies is encouraged. This includes owner purchased pre-
engineered buiidings for erection by others.
6. The sponsor U,11l maintain a separate ledger account to record financial transactions for the project
during its useful life.
7. The sponsor will report annually all project related receipts and disbursements to the Department of
Transportation for the entire useful life of the project.
8. The sponsor agrees to procure and maintain in force for the life of the project (as applicable) insurance
in tlle amounts of:
Per IniuT1/
Per Accident
Public Liability
$250,000
$500,000
Property Damage
$250,COO
$500,000
Fire and Extended Coverage
$200,000
$200,000